5 Simple Techniques For case when law is silent

refers to some landmark case decided by the Supreme Court of Pakistan in 2012. Listed here’s a brief overview:

ninety three . Const. P. 642/2023 (D.B.) Fatima Noor V/S Dow University of Health Science and Others Sindh High Court, Karachi Coming towards the main case, It's also a nicely-founded proposition of law that when an inquiry is conducted on charges of misconduct by a public servant, the Court is concerned with determining whether the inquiry was held by a competent officer or whether rules of natural justice are complied with. Whether the findings or conclusions are based on some evidence, the authority entrusted with the power to hold inquiry has jurisdiction, power, and authority to achieve a finding of fact or conclusion. But that finding must be based on some evidence. Neither the technical rules nor proof of the fact or evidence while in the Stricto-Sensu, use to disciplinary proceedings. When the authority accepts that evidence and conclusion acquire support therefrom, the disciplinary authority is entitled to hold that the delinquent officer is guilty on the charge, however, that is subject matter for the procedure provided under the relevant rules and not otherwise, to the reason that the Court in its power of judicial review does not act as appellate authority to re-recognize the evidence and to reach at its independent findings within the evidence.

4.       Record shows that the petitioner has become booked in as much as 8 criminal cases under the same offence with different complainants and involving sizable amounts of money. These cases span over the years 2018 to 2020 and three cases have been registered after the registration of the instant case. Even though the petitioner has obtained bail in These cases, it does, prima facie, establish that the petitioner is susceptible to repeating the offence.

Note: Please fill any discipline and Click on Search button, if you do not know the complete information please leave field blank.

long period petitioner wasn't deemed for promotion, meeting of the departmental promotion committee and take into account the petitioner (Promotion)

States also typically have courts that handle only a specific subset of legal matters, which include family regulation and probate. Case legislation, also known as precedent or common law, is definitely the body of prior judicial decisions that guide judges deciding issues before them. Depending to the relationship between the deciding court and also the precedent, case legislation might be binding or merely persuasive. For example, a decision via the U.S. Court of Appeals to the Fifth Circuit is binding on all federal district courts within the Fifth Circuit, but a court sitting down in California (whether a federal or state court) is just not strictly bound to Stick to the Fifth Circuit’s prior decision. Similarly, a decision by one district court in The big apple is not binding on another district court, but the initial court’s reasoning might help guide the second court in reaching its decision. Decisions because of the U.S. Supreme Court are binding on all federal and state courts. Read more

The ruling of your first court created case law that must be followed by other courts right up until or Until either new law is created, or even a higher court rules differently.

6.  Mere involvement inside of a heinous offence isn't any ground for refusing bail to an accused who otherwise becomes entitled to the concession of bail. The petitioner namely Bhoora was arrested in this case on 08.05.2018, given that then he is guiding the bars, He's previous non-convict, never involved in any case, investigation qua him is complete, his person is not any more necessary for further investigation, therefore, his continuous incarceration would not serve any advantageous purpose at this stage.

The prosecution presented substantial evidence, including eyewitness testimonies and expert forensic analysis, confirming the copyright nature from the seized currency.

Whilst lots of websites offer free case law, not all are equally reliable. It’s crucial To guage the credibility in the source before relying on the information.

Legal Defenses: An accused person charged under Section 302 PPC can present legal defenses such as self-defense, insanity, or accidental killing, which may result in reduced charges or acquittal.

one. Judicial Independence: The court emphasized the importance of judicial independence as well as the separation of powers.

The latest amendment to this section signifies the legislature’s dedication to maximizing the effectiveness from the regulation in tackling contemporary challenges related to counterfeiting.

The residents argued that the high-voltage grid station would pose a health risk and prospective hazard to local residents. In the end, the court determined the scientific evidence inconclusive, though observing the general click here craze supports that electromagnetic fields have unfavorable effects on human health. The Court accepted the petitioner’s argument that it should undertake the precautionary principle established out within the 1992 Rio Declaration over the Environment and Improvement, the first international instrument that linked environment protection with human rights, whereby The dearth of full scientific certainty should not be used being a reason to prevent environmental degradation.